TERMS OF USE

Welcome to HomeSaleWizard.com ("Site"). HomeSaleWizard.com provides its service to you ("User") subject to the following terms of use (TOU), which may update from time to time without notice to you. If you visit this Site, you accept these terms. In addition, when using particular HomeSale Wizard services, you may also be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TC.

Disclaimers HomeSaleWizard.com offers homeowners a marketing package for assisting in the sale of their home. HomeSaleWizard.com is not a real estate agency. The owners and employees of HomeSaleWizard.com are not acting as "agents" or "brokers" as defined in I.C. 25-34.1-1-2 et seq. HomeSaleWizard.comdoes not charge or earn a "commission", as defined in I.C. 25-34.1-1-2 et seq. as part of any transaction involving the properties advertised herein. HomeSaleWizard.com may charge a set fee for marketing services rendered.

HomeSaleWizard.com provides this internet site and its contents "as is" and makes no representations or warranties of any kind with respect to use of this site. HomeSaleWizard.com, respective officers, directors, or employees of HomeSaleWizard.com shall not be liable for any loss or damage caused by a User's reliance on information obtained through HomeSale Wizard.com. The User must assume responsibility to evaluate information, opinions, advice, or other content available through HomeSale Wizard.net.

HomeSaleWizard.comreserves the right to make changes to the HomeSaleWizard.com internet site and terms and conditions at any time.

Description of Service

HomeSale Wizard provides Users with various services that may be available through HomeSaleWizard.com (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. You also agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which we may undertake from time to time, or (iii) causes beyond the control of HomeSale Wizard or which are not reasonably foreseeable by HomeSale Wizard.

Rules Of Conduct

You may access, download, and print materials on the HomeSaleWizard.com for your exclusive personal and non-commercial use. Any information contained on the HomeSaleWizard.com shall not be used for commercial solicitations of any kind either through e-mail, telephone, or direct mail. Authorized solicitations include a home buyer, or designated agent thereof contact a home seller for any purposed specifically related to the purchase of the seller's home. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from Web pages, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "scraping" / spamming to obtain lists of users or other information. If and when requested by HomeSaleWizard.com, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.

Fair Housing

Act All real estate advertising is subject to the Fair Housing Act, set forth by the U.S. Department of Housing and Urban Development. The Fair Housing Act prohibits discrimination in housing because of; race or color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18), and handicap (disability). HomeSaleWizard.com is not responsible for false or erroneous information provided by the seller.
 

Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify HomeSale Wizard of any unauthorized use of your password or account or any other breach of security. HomeSale Wizard cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Termination

You agree that HomeSale Wizard, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if HomeSale Wizard believes that you have violated or acted inconsistently with the letter or spirit of the TC. HomeSale Wizard may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TC may be effected without prior notice, and acknowledge and agree that HomeSale Wizard may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that HomeSale Wizard shall not be liable to you or any third-party for any termination of your access to the Service.

Copyright

All content included on the Site, such as text, graphics, logos, images, and data compilations, are the property of HomeSale Wizard or its content suppliers and is protected by United States and international copyright laws. You do not acquire ownership rights to any content, document or other materials viewed through the Site. HomeSale Wizard respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our copyright notice.

No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY HomeSale Wizard ON AN "AS IS" AND "AS AVAILABLE" BASIS. HomeSale Wizard MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HomeSale Wizard DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HomeSale Wizard DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM HomeSale Wizard ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HomeSale Wizard WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these TOU, or your violation of any law or the rights of any third party.

Transfer Of Rights

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Links To Other Web Sites

The Site contains links to other Web sites not related to HomeSale Wizard. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Limitation Of Liability

All responsibility or liability for any damages caused by viruses contained within any electronic file, form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

Dispute Resolution If a dispute arises between the parties which is not settled promptly in the ordinary course of business, then at the election of either party, the parties agree to pursue resolution of that dispute in good faith, by each party appointing a duly authorized representative to negotiate resolution of that dispute with the similarly appointed representative of the other. If the dispute has not been resolved by negotiation within forty-five (45) days after notification of such election by one party to the other, then the parties agree to pursue settlement of that dispute in good faith by mediation procedure under the Center for Public Resources Model Mediation Procedure for Business Disputes then in effect, or such other mediation procedure shall be non-binding and confidential unless the parties agree otherwise in writing, and shall be pursued before attempting resolution of that dispute by binding arbitration or litigation, but this shall not be construed as preventing either party from seeking appropriate remedy to protect its confidential information and intellectual property interests.

Miscellaneous

The TOU shall be treated as though it were executed and performed in Kansas City, Kansas, and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Service or the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these TOU. The language in the TOU shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the TOU shall be brought solely in Kansas city, Kansas.. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of these TOU be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the TOU, the TOU shall take precedence. Our failure to enforce any provision of the TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.